Cases: Landlord/Tenant

Landlord/Tenant, Prevailing Party, Section 1717: Because Landlord’s Voluntary Dismissal Of An Unlawful Detainer Action Sounded In Contract, Its Dismissal Did Not Entitle Tenant To Attorney’s Fees

Cases: Landlord/Tenant, Cases: Prevailing Party, Cases: Section 1717

Appellate Court Did Discuss When The Action Is Contract Versus Tort, But The Case Did Not Have Tort Holdover Or Ouster Issues.                In an unlawful detainer case, the nature of the case may determine whether a landlord’s voluntarily dismissal allows the tenant an entitlement to attorney’s fees, which invokes the Santisas principle.  (See Our […]

Landlord/Tenant, POOF!: Landlord’s Unlawful Detainer Judgment, Much Of It Attorney’s Fees, Went POOF On Appeal

Cases: Landlord/Tenant, Cases: POOF!

Landlord Accepted Rent Check After Notice To Vacate, Such That A Month-To-Month Tenancy Was Reinstated.                In Baca v. Kuang, Case No. A171071 (1st Dist., Div. 5 Jan. 13, 2025) (partially published; fee discussion unpublished), defendant tenant appealed from an unlawful detainer judgment, consisting of $51,560 in contractual attorney’s fees and $24,000 in holdover rent. 

Landlord/Tenant, Mediation, Reasonableness Of Fees, Section 1717: Most Of $363,696.70 Contractual Fee Award Affirmed In Landlord/Tenant Dispute

Cases: Landlord/Tenant, Cases: Mediation, Cases: Reasonableness of Fees, Cases: Section 1717

However, N.Y. Attorneys’ Time After California Counsel Retained Must Be Stricken Because He Was Not Licensed In California.                In Thaunhaeuser v. TKH Zum, LLC, Case No. B321283 (2d Dist., Div. 8 Oct. 11, 2024) (unpublished), the lower court entered a $114,000 compensatory judgment against landlord and in favor of tenant under a property condition/security

Fee Clause Interpretation, Landlord/Tenant: Unlawful Detainer Action Did Not Arise Out Of Lease Fees Clause Given That Foreclosing Landlord Was Suing On A Statutory Basis For Obtaining Possession

Cases: Fee Clause Interpretation, Cases: Landlord/Tenant

Unique Facts Of The Case Governed The Outcome.             The breadth or narrow nature of a contractual fees clause frequently can determine whether fee entitlement exists in a case.  De Witte Mortgage Investors Fund, LLC v. Carradine, Case No. B322747 (2d Dist., Div. 1 Dec. 19, 2023) (unpublished) vindicates that general principle.  Briefly stated, an

Landlord/Tenant, Reasonableness Of Fees: $358,133.56 In Fees Against Tenant Operating Two Illegal Marijuana Dispensaries Affirmed On Appeal

Cases: Landlord/Tenant, Cases: Reasonableness of Fees

Two Law Firms’ Requests Were Largely Sustained By Reviewing Court.             City of Santa Ana v. Yuh, Case No. G060889 (4th Dist., Div. 3 Jan. 24, 2023) (unpublished) was a situation where a tenant lost an abatement action against the City of Santa Ana for operating two illegal marijuana dispensaries.  Two firms representing the City

Landlord/Tenant, Reasonableness Of Fees: $684,000 Fee Award In Favor Of Tenants And Against Landlord Reversed And Remanded

Cases: Landlord/Tenant, Cases: Reasonableness of Fees

Appellate Court Did Not Buy That Trial Court Could Just Adopt Plaintiffs’ Voluntary Reduction Without Addressing Other Objections.             We posted today about a published decision between the parties.  Separately, Sarkany v. West, Case No. A161728 (1st Dist., Div. 2 Aug. 30, 2022) (unpublished) was landlords’ appeal from an adverse $684,000 attorney’s fees award in

Civil Rights, Landlord/Tenant: Frivolous FEHA Case By Plaintiffs In Rental Dispute Justified $228,123.77 Attorney’s Fees, Expert Fees, And Costs Award In Favor Of Prevailing Defendant Owner

Cases: Civil Rights, Cases: Landlord/Tenant

No Abuse Of Discretion Shown, With Prior Denial Of Summary Judgment Not Disqualifying Owner From Award Of FEHA Fees Under The Right Circumstances.             FEHA has a pro-plaintiff fee shifting statute; however, under the right circumstances, a prevailing defendant can obtain fee shifting against a plaintiff where the case is shown to be frivolous in

Landlord/Tenant: Reversal Of A Directed Verdict Claim Meant Costs Award Was Reversed

Cases: Landlord/Tenant

However, Fee Award On A Withdrawn Claim Was Not Challenged On Appeal And Not Impacted By The Directed Verdict Reversal.             In Pennypacker v. Yuen, Case Nos. A157680/A157985 (1st Dist., Div. 2 June 15, 2022) (unpublished), tenant asserted tort, inhabitability, San Francisco administrative code claims, and a UCL claim against landlord.   Landlord made a pretrial

Arbitration, Fee Clause Interpretation, Landlord/Tenant: 1/3 DCA Affirms Trial Court’s Denial Of Attorney Fees To Prevailing Tenant

Cases: Arbitration, Cases: Fee Clause Interpretation, Cases: Landlord/Tenant

Fees Incurred For The Court Proceedings Were Part Of The Arbitration Process Called For In The Lease For Resolving Fair Market Rent Value And Not Recoverable Under The Prevailing Party Provision Which Applied To An Action Involving A Breach Of The Contract Or Determination of Rights             In California Union Square L.P. v. Saks

Allocation, Landlord/Tenant, Retainer Agreements: $910,752.50 Fee Award Under San Francisco Rent Ordinance Fee-Shifting Clause Affirmed On Appeal

Cases: Allocation, Cases: Landlord/Tenant, Cases: Retainer Agreements

Trial Judge Did Reduce Requested Lodestar By More Than $70,000—About 60% Of The Request, Although Refusing To Award A Positive 1.5 Multiplier.             Landlords in Duncan v. Kihagi, Case No. A154678 (1st Dist., Div. 1 Oct. 6, 2021) (unpublished), were not pleased when a trial judge awarded $910,752.50 in fees in favor of the winning

Scroll to Top